Employment Law and Human Rights

Second Edition

Robin Allen QC, Anna Beale QC, and Rachel Crasnow QC

This new edition of Employment Law and Human Rights brings practitioners up to date with the continuing practical impact of the Human Rights Act 1998 in the employment field. The book provides comprehensive guidance on current law and procedure, including full consideration of domestic and ECHR case law and analysis of the background legal themes. Each chapter contains a "Frequently Asked Questions" section to ensure quick access to information. Key areas of coverage include the new equality laws relating to religion and belief, sexual orientation, and age, as well as issues arising from existing discrimination legislation; privacy at work; data protection and internet access; and the new surveillance regulations.

Employment Law and Human Rights

Second Edition

Robin Allen QC, Anna Beale QC, and Rachel Crasnow QC

Description

This new edition of Employment Law and Human Rights brings practitioners up to date with the continuing practical impact of the Human Rights Act 1998 in the employment field. Human rights issues have become increasingly prevalent in employment cases, and significant new equality legislation has been introduced. A thorough understanding of the area is now vital for the serious employment lawyer.

The text considers in detail all aspects of the European Convention of Human Rights in an employment context, with a particular focus on areas which have developed most rapidly in recent years. It looks at the complex regulatory framework surrounding privacy at work, data protection and internet access, and the various new surveillance regulations, and considers these in the light of the UK's Convention obligations. It also considers in depth the overlap between the implications of the Human Rights Act and the new equality laws relating to religion and belief, sexual orientation, and age, in addition to issues arising from existing discrimination legislation.

The book marries expert commentary on the background legal themes with comprehensive practical guidance on current law and procedure, including the controversial topic of public funding. Throughout the book ECHR jurisprudence is considered and cross referred to domestic case law, and each chapter contains a "Frequently Asked Questions" section to assist the busy practitioner.

Written in a clear and accessible style, and designed for ease of reference, the book is essential for lawyers, specializing in employment law, employment law advisers, Employment Tribunal chairmen, and human resources officers.

Employment Law and Human Rights

Second Edition

Robin Allen QC, Anna Beale QC, and Rachel Crasnow QC

Table of Contents

1. Introduction2. Structure of the Human Rights Act3. Interpreting Domestic Legislation4. The Duty to give Effect to Convention Rights5. Prohibition of Slavery and Forced Labour6. Scope of Article 6: The Right to a Fair Trial7. Content of Article 6: The Right to a Fair Trial8. Article 8: Respect for Private and Family Life9. Article 9: Freedom of Thought, Conscience and Religion10. Article 10: Freedom of Expression11. Article 11: Freedom of Assembly and Association12. Article 1 of Protocol 1: Peaceful Enjoyment of Property13. Equality and the Concept of Discrimination in Human Rights Law14. Article 14: Prohibition of Discrimination15. The New European Equality LawsAppendices

Employment Law and Human Rights

Second Edition

Robin Allen QC, Anna Beale QC, and Rachel Crasnow QC

Author Information

Robin Allen QC is a barrister and Head of Cloisters. He has appeared in many of the leading employment, discrimination, and public and human rights cases, including many cases in the House of Lords and European Court of Justice. His clients include individuals, FTSE companies, trade unions, charities, accountancy firms, and each of the UK Equality Commissions. He has lectured across Europe to judges and jurists from all Member States on equality law. He has advised both the Bar Council and the Law Society, and works with the European Commission.

Anna Beale is a barrister at Cloisters. She specializes in employment, personal injury and immigration. Anna is regularly instructed by and on behalf of trade unions, private companies and public authorities, as well as individual clients. She acted for the CRE, DRC and EOC in Igen Ltd v Wong (discrimination: burden of proof) in the Court of Appeal. She has been a volunteer employment law advisor at Camden Law Centre since 2003.

Rachel Crasnow is a barrister at Cloisters. She specializes in employment law, with a particular emphasis on discrimination and human rights. She represents applicants and respondents in a wide variety of courts and tribunals. Her employment law practice ranges from equal pay to individual and collective rights. Aside from advisory and advocacy work, she lectures frequently and has written and drafted responses to consultation papers on a wide variety of topics including transsexuals' rights and religious discrimination.